LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anil (salesman)     02 October 2013

Maintenance to husband

Hello 

If wife is earning 12,00,000 ( Twelve Lakhs per year ) and i am earning only Rs. 5000/- per month ( 60,000/- per  Year ) than can i claim for maintenance and also please give me detail how to claim and what should i do to claim maintenance or lump sump money as everything is in her name.

Plz help me 



Learning

 12 Replies


(Guest)

Congratulations.


Pray that your wife earns more n more than you.


But only thing what you have to take care of is that you should get her income details via income tax returns or the company where she works, or if she is govt employee then you got a golden spoon in your hand;  Give such details to the court along with details of your unemployment, dont show that you are employed at all, then she has to pay maintenance to you, not just until the case is over, but even after divorce !

Tajobsindia (Senior Partner )     02 October 2013

1.    First via local reference hire an Advocate to create an activity under your personal laws, and while pre-assuming parties to be Hindu’s reading down queriest screen name, here I would rather add that it would be apt that any activity (i.e. a Civil Suit matter) under available grounds as per mention under S. 9 till S. 13 HMA be filed by you / your side in jurisdiction Family Court which may then create an opportunity for you to claim pendentelite maintenance as well as litigation expenses from your wife under S. 24 HMA in reference to asked context.

2.    Regarding saying to me that ‘everything is in her name’, I would add here it does not inspire me to write a reply accordingly. First explain in brief to forum what does ‘everything’ means so that some sensible legal advice follows.

3.    Meanwhile it is adviced to read Bare Act on Hindu Marriage Act especially its S. 24 HMA. BTW, it is not very un-common of Hindu husbands getting maintenance from their elite and/or HNW metro wives.


HNW = High Net Worth

 

[Last reply]

Shantanu Wavhal (Worker)     03 October 2013

read this judgement


Attached File : 564239227 maintenance husband.pdf downloaded: 180 times

Samir N (General Queries) (Business)     03 October 2013

 I would file an application only to harass her in return and avoid paying her maintenance because she is earning sufficiently to support herself. But your efforts and intent should stop there. Do not take her money to support you unless you paid her reverse-dowry! If I were you, I would lose my self-respect in taking money from her to support myself!!! Thats my two cents...

rajiv_lodha (zz)     03 October 2013

Litigation shud not be started JUST TO HARASS HER!


(Guest)

@ Author,


1. Maintennace from wife is inter alia of your pertaining fact's and circumstances which you have stated above.


2. For claiming maintenance any case Under HMA 1955 should be there from either end.


3. If so then you can file U/s 24 HMA and even charge her for litigation cost of on going suit's.


4. Moral's are nothing in today's world , where only concipiracy and upheld are there from wicked women's. So,if anybody get's such a marvelous chance to get maintenance from wife then don't hesitate. As in thousand's and Lakh's there are one person who has such fate to claim maintenance from her wife.


1 Like

great india (manager)     03 October 2013

1. thats good and inspiring too.

2. i think even i shd file 24 hma in her rcr +125 in family court.
3. she getting 2k in 24 hma my filed divorce in district court. her interim in 125 denied.

4.QUESTION:-       a.) now 125 crpc clubbed with rcr sec 9  with common trial and judgement, so can i submit for interim pendente lite till disposal...??????
                                  b.) she non working , has a 2yr kid,but can i ask for interim and expenses of proceedings or travel expenses as she already getting interim 2k in sec 13 hma.....????????. 
                                  c.) grounds for divorce are desertion by her with mental cruelty. i dont mind her resumption of co hab but its she deserting always.
                                  d.)so will my application be considered or dismissed at first shot......i am a private practitioner

sansh (not working)     24 September 2014

What happens if the husband left the job purposely in order to claim maintenance? and the wife is recently employed i.e just before he filed for divorce?

geetha (none)     24 September 2014

Sounds like a manufactured situation by the husband. He must have left his well-earning job to accept a lower paying job, or none at all, so that he can act like he is poor, and claim maintenance. Such misdirected advices are usually given by some crook lawyers who want to disrespect and bend the law.

. I belive, in such situations the court should look at the earnings of the husband prior to divorce proceedings, his level of education etc. If the person indeed had taken such crooked path, then it should be considerd a contempt of the law.

To get Alimony, He may also need to prove that he had conributed to the marriage in ways other than finances (because men can't bear children), or Housework which is usually done by the lesser earning woman folks.
1 Like

(Guest)

Geeta memshaeb,

 

Which country you are living?

 

You are living in the country of women centric female oriented fairer s*x reserved era.

 

Putting your foul words on lawyers on maintenance by husband from wife doesnt suffice your wisdom.

 

In thousands and lakhs if one man gets an opportunity to get maintenance from wife then you are crying here,

 

Why your mouth becomes shut and your foul language goes to read geeta when these thousands and lakhs of womens leave their job or sit idle to just enjoy the onesided wifes bonanza of maintenance.

Then, why you dont comment on them that being educated, experienced, living being having breath to at least earn as a labourer of mgnrega workers earns per day.

 

From your comments its cleared that you need spoon fooding from your husband just because the god has given a boon to give birth to baby to you women exclusively and for this you women could go at any extent to harass, extort and conspired your wicked mind to forcefuly called as abla naari.

 

Pity on your thought and your comments.

 

Go and have some life and shed your biased glasses to see this world in a gender equality way.

 

ESIS

2 Like

Jimmy (Manager)     24 September 2014

@Geetha  Agree with your logic if it is uniformly applied to husband and wife. Wives often quit their jobs to get maintenance and the Courts are unmoved by the husband's plea that she did it intentionally to get maintenance.

 


(Guest)

Well Said Jimmy. 

@ Geetha, learn about the things happened and happening with the gender biased in this present era and then comment.

There are lot many men suffering from the women under maintenance cases in the court and men not only emptying their pockets and also their peace, values too...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register